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Perspective

Feb. 11, 2011

The Constitutionality of Impounding Vehicles From Unlicensed Drivers

The 9th Circuit confirms for the first time the constitutionality of California's 30-day impoundment statute. By Jim Curry of Sheppard Mullin and Erin Fox.


By Jim Curry and Erin Fox


There has been a recent flurry of public debate and litigation revolving around California Vehicle Code Section 14602.6, which authorizes law enforcement officials to impound a vehicle and hold it for 30 days when driven by someone without a valid driver's license. Some civil rights groups claim it is unconstitutional in its impact on undocumented immigrants. Police and city officials defend the statutes on the grounds of the "...

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